Current through Register Vol. 39, No. 6, September 16, 2024
(a)
The area plan, or annual updates, shall be submitted to the Division of Aging
in accordance with the schedule and procedures established by the Division. In
developing the area plan, the AAA shall allow sufficient time for the
completion of the A-95 review process.
(b) The following schedule outlines the
process for review and approval of area plans or annual updates:
(1) The Division of Aging shall notify all
AAAs at least 90 days before the area plan is due into the Division of Aging
office. This notice shall include the transmittal of the required area plan
format, the Division of Aging criteria for area plan approval and instructions
for developing the area plan.
(2)
Area plans, whether for initial or continuation funding, are due into the
Division of Aging 90 days prior to the beginning date of the planned funding
period.
(3) Division of Aging staff
reviews, and requests for revisions in area plans when necessary, shall be
completed 60 days before the beginning date of the planned funding
period.
(4) Final area plan
revisions shall be submitted to the Division of Aging at least 40 days prior to
the beginning date of the planned funding period.
(5) A notification of grant award (NGA) shall
be completed by the Division of Aging 15 to 20 days prior to the beginning date
of the funding period.
(c) The Division of Aging shall assign a
fiscal and program representative to serve as the contact within the Division
for Area Agency on Aging communications and interrelationships. Any questions
(or assistance needed) on the area plan format, criteria for approval,
instructions, review comments or other aspects of area plan development and
review should be directed to the AAA's designated program
representative.
(d) If substantive
questions concerning an area plan arise during the division's review process,
the appropriate program representative shall refer the question to the section
chief and to the deputy director or the Assistant Secretary for a policy
decision.
(e) Division of Aging
Actions on Area Plans. The Division of Aging shall provide notification in
writing to the AAA of the final actions taken in either approving, approving
with conditions, or disapproving on area plan (or plan amendments).
(1) Approval
(A) The Division of Aging shall approve an
area plan when the plan is in substantial conformity with the Older Americans
Act, related Title III regulations, and division policies.
(B) The Assistant Secretary for aging shall
provide the area agency with a formal notice of approval of the area plan and
the amount of approved funds on a standard notification of grant award (NGA)
form. The NGA will be signed by the Assistant Secretary.
(2) Approval with Conditions
(A) The Division of Aging may approve an area
plan with conditions when necessary.
(B) The conditions shall be in writing and
shall be clearly noted on the notification of grant award form.
(C) All conditions placed on an approved area
plan shall be consistent with the authority delegated to the Division of
Aging.
(D) When an area plan is
approved with conditions, it shall be incumbent upon the grantee to meet these
conditions within the specified time frame. As the conditions are met by the
grantee, the Division of Aging shall remove the conditions from the grant, and
shall officially notify the grantee of the condition removal. Program
representatives shall be responsible for periodically updating all NGA
conditions.
(3)
Disapproval
(A) Any area plan which is not in
substantial conformity with the Older Americans Act, the federal regulations
and the Division of Aging policies shall be disapproved.
(B) When the Division of Aging proposes to
disapprove an area plan, it shall notify the area agency in writing of its
intention and set forth the reasons for the proposed disapproval. The Division
of Aging shall:
(i) issue a letter of intent
to disapprove the area plan to the area agency indicating the reasons therefor
within 30 days of receipt of the area plan;
(ii) inform the area agency of the
opportunity for a hearing on the area plan under the provisions of Section
206.8 of the Division's "Manual of Policies and Procedures" and shall carry out
those procedures.
(C)
The Division of Aging may authorize an established area agency to operate under
the previous year's approved area plan until a final determination is made
relative to the current area plan.
(D) If, after providing the area agency
proper opportunity for a hearing, the Division of Aging still finds the area
plan unacceptable, the Division shall disapprove the plan, using the procedures
prescribed by the federal regulations and reprinted in Section 400 of the
Division's "Manual of Policies and Procedures."
(4) Notification of Grant Awards
(A) The fiscal section shall prepare the
notification of grant award, with any conditions to be attached being prepared
by the appropriate program representatives.
(B) All special section conditions to be
attached to the NGA shall be cleared with the Chief of the Plans and Policy
Section.
(C) All fiscal conditions
to be attached to the NGA shall be cleared with the Chief of the Fiscal
Section.
(D) All program conditions
to be attached to the NGA shall be cleared with the Chief of the Program
Section.
(E) The NGA shall be
signed by the Assistant Secretary for aging.
(F) NGAs shall be forwarded to the AAA for
proper execution and agreement on the terms and conditions of the area plan
approval (by signature of NGA). The NGA shall be signed in ink by the director
of the AAA, and the legal executive officer of the AAA when the two are
different.
(i) The Division of Aging shall not
require prior approval of contracts proposed for funding under an area plan
when the contract will be executed with non-profit public or private
organization.
(ii) The Division of
Aging shall require prior approval of contracts proposed for funding under an
area plan when the contract will be executed with a profit making organization.
The Division may approve such contracts only if the area agency demonstrates
that the profit making organizations would provide services in a manner clearly
superior to other available public or private non-profit providers. If
potential problems with such proposed contracts are identified, the Division of
Aging will provide the AAA with a written explanation of the problems and
necessary corrections.
(iii) The
Division of Aging may request, as part of the area plan approval process,
information from the area agency concerning its plans for making awards to
minority organizations.
(iv) Once a
contract has been executed by an area agency to carry out a service or an
activity under an approved area plan, an implementation plan for the services
to be provided under the contract shall be submitted to the Division within 30
days after the effective date of the contract.
Authority
G.S.
143B-10;
143B-138; 45 C.F.R., Chapter
XIII, Part 1321;
Eff. October 1, 1980;
Amended Eff. May
1, 1990;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. May 23,
2015.
